UN Special Report on Human Rights Violations

In an unpredecedented action highlighting the desperation of homeless campers in Sacramento, United Nations Special Rapporteur Catarina de Albuquerque sent a letter directly to Sacramento Mayor Keving Johnson raising concerns over human right violation in Sacramento. You can read the letter below or download the letter and full report.

Dear Mayor Johnson,

I am writing to you in my capacity as United Nations Special Rapporteur on the Human Right to
Safe Drinking Water and Sanitation, appointed by the United Nations Human Rights Council. It has
been brought to my attention that the City of Sacramento is going to hold a public hearing in the near
future to decide whether to permit the provision of water and sanitation services to homeless tent camps.
I greatly appreciate this initiative and hope that your local government will take into consideration
international human rights standards when making a decision on this important human rights issue.
Being aware of your dream to ensure that Sacramento becomes "a city that works for everyone", I am
writing to you to remind you that for your vision to become a reality, the promotion of the human rights
of homeless people should become an integral part of the city's policies.

As you may know, I was on an official visit to the United States of America under my UN
mandate from 22 February to 4 March 2011 where I had the opportunity to meet with the authorities and
talk to local communities in Sacramento. In my final statement at the end ofmy mission to the USA last
year I specifically referred to the situation in Sacramento, California where I visited a community of
homeless people. (I attach herewith the report I presented to the United Nations on my official mission
to the USA, as well as the text of the declaration I made upon conclusion of the mission.)
On that occasion I met Tim, who called himself the "sanitation technician" for this community.
He engineered a sanitation system that consisted of a seat with a two-layered plastic bag underneath.
Every week Tim collected the bags full of human waste, which varied in weight from 130 to 230
pounds, and hauled,them on his bicycle a few miles to a local public restroom. Once a toilet became
available, he emptied the bags' contents; packed the plastic bags with leftover residue inside a third
plastic bag; tied it securely and disposed of them in the garbage; and then sanitized his hands with water
and lemon. Tim said that even though this job was difficult, he did it for the community, especially the
women.

The fact that Tim and others are left to provide such services is unacceptable. Because evacuation
of the bowels and bladder is a necessary biological function and because denial of opportunities to do so
in a lawful and dignified manner can both compromise human dignity and cause suffering, such denial
could, in some cases, amount to cruel, inhuman or degrading treatment. An immediate and interim
solution for those without housing is to ensure access to restroom facilities in public places, including
during the night.

Moreover, during my visit, I observed the lack of access to adequate water and sanitation and
adequate housing as well as health concerns of homeless people living along the Americah River. As you
know, there were three sources ofpotable water ranging from one-half mile to one-and-a-half miles away
from the camp, but one of them had been allegedly removed and capped by the City of Sacramento.
Many people used the river water, which often caused sickness. Many parks operated by the City and
County of Sacramento had reportedly closed restrooms to public access during the evening, night-time
and morning hours. As a result, the homeless people's access to the public restrooms at night-time was
prevented. Private restrooms available for the homeless were also very limited. I am concerned that the
closure of public restrooms and the removal of water resources in the area of the Sacramento's American
River Parkway have a serious negative impact on homeless individuals' access to water and sanitation
and their health.

In addition, I have been informed that the City of Sacramento enforces the Sacramento City
Code (which criminalizes public urination and/or defecation, camping and storage of personal property
in public spaces and parks and on private properties) customarily against homeless persons, especially
those residing in tent camps along the AmeriCan River Parkway and other local parks. On 30 November
2011, the police of Sacramento City reportedly issued a notice to warn the homeless people that the
camping location was scheduled for immediate clean-up by the Sacramento Police Department based on
the Sacramento Penal Code. I am concerned about the disproportionate impact of the enforcement of the
Code on persons living in poverty in general and on homeless persons in particular. The criminalization
of life"sustaining behaviors of homeless persons in public spaces, such as sleeping, camping or public
urination and defecation, in a context of lack, of adequate shelter alternatives, has the potential to impede
the enjoyment of human rights by poor and vulnerable groups, including the right to an adequate
standard of living. The criminalization of public urination and defecation combined with a lack ofpublic
toilets leaves the homeless people in a desperate situation and without alternatives.

I would like to draw the attention of your local government to the applicable international human
rights norms and standards, in particular, the following:

The human right to safe dtinking water and sanitation derives from the right to an adequate
standard of living which is protected under, inter alia, article 25 of the Universal Declaration of Human
Rights, and article 11 of the International Covenant on Economic, Social and Cultural Rights (ICESCR),
which the US Government signed on 5 October 1977. While it has not ratified the Covenant, upon
signing the rCESCR, the US Government. agreed to bind itself in good faith to ensure that nothing is
done that would defeat the object and purpose of the international instrument, pending a decision on
ratification. Moreover, on 28 July 2010 the United Nations General Assembly recognized water and
sanitation as a human right. This decision was subsequently endorsed by the United Nations Human
Rights Council in September 2010. The USA publicly declared that it was "proud to take the significant
step ofjoining consensus" on the latter's resolution, expressing thus clear support to the recognition of
this fundamental human right.

The United Nations Conunittee on Economic, Social and Cultural Rights (CESCR), which
monitors the implementation of the rCESCR, has asserted that everyone is entitled to sufficient, safe,
acceptable, physically accessible and affordable water for personal and domestic uses, which includes
sanitation. In its General Comments 15 (2002), the CESCR affirmed that the right to water clearly falls
within the category of guarantees essential for securing an adequate standard of living, particularly since
it is one of the most· fundamental conditions for survival, further explaining that this right is also
inextricable related to the right to the highest attainable standard of health and the rights to adequate
housing and adequate food. States' obligations with regard to access to safe and potable water and
adequate sanitation include the obligation to ensure. that everyone has sufficient, safe, acceptable,
physically accessible and affordable water for personal and domestic use and States must take all
necessary measures to guarantee this right t6 all persons under their jurisdiction without discrimination.
Furthermore, and regarding sanitation, I presented a report to the United Nations Human Rights Council
in 2009 where I reminded States that, in order to meet human rights standards, everyone, without
discrimination, must have physical and affordable access to sanitation, in all spheres

I would also like to draw the attention of your local government to the principles of equality and
non-discrimination, which are core elements of the international human rights normative framework and
enshrined, inter alia, in article 2 of the Universal Declaration of Human Rights and articles 2 of the
ICESCR and of the International Covenant on Civil and Political Rights and other human rights treaties
that the USA has ratified. In its General Comment 20 (paras. 34 and 35), the CESCR noted that "place
of residence" and "economic and social status" are prohibited grounds for discrimination, implied in the
phrase "other status" in article 2 of the ICESCR. Thus, measures which discriminate against individuals
because they live in a situation of poverty may amount to a contravention of the prohibition of
discrimination. Owing to their lack of or limited access to housing, persons living in pm,erty rely more
heavily on public spaces for their daily activities. Quoting again the statement I made at the end of my
country missipn to the USA last year, local statutes prohibiting public urination and defecation, while
they appear constitutional are often discriminatory in their effects. Discrimination often occurs because
such statutes are enforced against homeless individuals, who often have no access to public restrooms
and are given no alternatives.

To conclude, I can on your government to take the right decision to ensure the realization ofthe
human rights to water and sanitation of the homeless people living in the City of Sacramento, thereby
ensuring their life in dignity.

Sincerely Yours,
Catarina de Albuquerque
Special Rapporteur on the human right to safe drinking water and sanitation